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STATE v. JOHNSON

209 Or. 476 (1957)

307 P.2d 351

STATE OF OREGON v. JOHNSON

Supreme Court of Oregon.

Reversed and remanded February 13, 1957.

Attorney(s) appearing for the Case

Oscar D. Howlett, Deputy District Attorney, Portland, argued the cause for appellant. With him on the brief was William M. Langley, District Attorney, Portland.

Nathan J. Ail, Portland, argued the cause and filed a brief for respondent.

REVERSED AND REMANDED.

LUSK, J.

This is a companion case to State v. Waterhouse, 209 Or. 424, 307 P.2d 351, this day decided. As in that

Tooze, Acting Chief Justice, died December 21, 1956.

case, a demurrer to an indictment was sustained by the circuit court and the state has appealed.

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